Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union (No 3) [2015] FCA 845

FEDERAL COURT OF AUSTRALIA

Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union (No 3) [2015] FCA 845 Citation: Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union (No 3) [2015] FCA 845

Parties: DIRECTOR OF THE FAIR WORK BUILDING INDUSTRY INSPECTORATE v CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION, ADAM OLSEN and KANE PEARSON

File number: NTD 28 of 2013

Judge: MANSFIELD J

Date of judgment: 14 August 2015

Date of hearing: 10 August 2015

Place: Adelaide

Division: FAIR WORK DIVISION

Category: No catchwords

Number of paragraphs: 26

Counsel for the Applicant: Ms K Stewart

Solicitors for the Applicant: Clayton Utz

Counsel for the Respondents: Mr CW Dowling

Solicitors for the Respondents: Hall Payne Lawyers

IN THE FEDERAL COURT OF AUSTRALIA NORTHERN TERRITORY DISTRICT REGISTRY FAIR WORK DIVISION NTD 28 of 2013

BETWEEN: DIRECTOR OF THE FAIR WORK BUILDING INDUSTRY INSPECTORATE

Applicant

AND: CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION

First Respondent

ADAM OLSEN

Second Respondent

KANE PEARSON

Third Respondent

JUDGE: MANSFIELD J DATE OF ORDER: 14 AUGUST 2015 WHERE MADE: ADELAIDE

THE COURT ORDERS THAT:

1. The Second Respondent, Kane Pearson, pay a pecuniary penalty pursuant to s 546 of the Fair Work Act 2009 (Cth) for the contravention of s 500 of the Fair Work Act 2009 (Cth) in respect of which declaratory orders were made on 22 April 2015 by Order 1 in the sum of $6,000 to the Commonwealth. 2. The Third Respondent, Adam Olsen, pay a pecuniary penalty pursuant to s 546 of the Fair Work Act 2009 (Cth) for the contravention of s 500 of the Fair Work Act 2009 (Cth) in respect of which declaratory orders were made on 22 April 2015 by Order 3 in the sum of $4,600 to the Commonwealth. 3. The First Respondent, the Construction, Forestry, Mining and Energy Union, pay a pecuniary penalty pursuant to s 546 of the Fair Work Act 2009 (Cth) for the contravention of s 348 of the Fair Work Act 2009 (Cth) in respect of which declaratory orders were made on 22 April 2015 by Order 4 in the sum of $35,000 to the Commonwealth. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.